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Quick Facts on Domestic Law & Non-Traditional Families
(provided by Gilpin & Hatcher, P.C.)
- A custody action may be maintained by a parent of a child, a person with a parent-child relationship with a child and a grandparent of a child who alleges parental misconduct.
- If a custody order is in place, the person seeking modification of that order must show there has been a substantial change in circumstances affecting the best interests of the child. At the same time, the Court must evaluate what is in the "best interests" of the child. If no custody order is in place, the standard will remain what is in the "best interests" of the child.
- In North Carolina, there is a presumption that in a dispute between a parent and non-parent, the parent prevails unless the Court finds that the parent is unfit, has neglected the child, or has engaged in conduct inconsistent with the parent's protected status as a parent.
- Grandparents generally have standing to sue for custody of their grandchildren if they allege parental unfitness or child neglect, even if there is no ongoing custody dispute.
- Even though grandparents may have standing to seek custody, they may not have standing to seek visitation under analogous circumstances unless there is an ongoing custody dispute.
- Under current North Carolina law, grandparents may be granted visitation rights, but they must carry the burden of proving that such visitation would be in the child's best interests.
- A potential father does not have the right to force the husband, who is always the presumed father under North Carolina law, to undergo blood testing. Rather, the husband is entitled to rely on the presumption that the child of the marriage is his.
- Stepparents have a duty to pay child support only while they are acting in loco parentis i.e., when a stepparent has acted in place of the parent or like a parental figure. However, they may also obligate themselves by agreement for a greater duty of support.
- Grandparents may have to share primary liability for the support of their grandchildren if one or both of the parents are minors themselves.
- Under North Carolina law, any child born to same-sex parents has only one parent with any legal custody rights or a legal obligation to provide child support.
Information provided by:
Gilpin & Hatcher, P.C. located at
http://www.gilpinhatcher.com/
Go to: North Carolina Articles and Resources
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